BILL NUMBER: SB 711	CHAPTERED  07/12/99

	CHAPTER   86
	FILED WITH SECRETARY OF STATE   JULY 12, 1999
	APPROVED BY GOVERNOR   JULY 12, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999

INTRODUCED BY   Senator Burton and Assembly Member Shelley

                        FEBRUARY 24, 1999

   An act to amend Sections 32228.1 and 32239.5 of, and to amend the
heading of Article 3.6 (commencing with Section 32228) and Article
3.8 (commencing with Section 32239.5) of Chapter 2 of Part 19 of, the
Education Code, to repeal Sections 8 and 9 of Assembly Bill 1660 of
the 1999-2000 Regular Session, and to amend Section 7 of Assembly
Bill 1661 of the 1999-2000 Regular Session, relating to governmental
functions.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 711, Burton.  Governmental functions.
   (1) Legislation pending before the Governor would make various
provisions for the prevention of school violence.
   This bill would revise the designation of those provisions.
   (2) Legislation pending before the Governor would make findings
and declarations with regard to the federal decennial census and
state the intent of the Legislature to increase participation in the
2000 federal decennial census.
   This bill would prevent the operation of and would repeal these
provisions.
   (3) Legislation pending before the Governor would create the
California Complete Count Committee relating to federal decennial
census.
   This bill would delete the authority to establish this committee.

   (4) Legislation pending before the Governor would prohibit
counties from receiving certain local assistance funds unless certain
conditions are complied with.
   This bill would correct erroneous cross-references in that
provision.
   (5) Existing federal law provides for the conduct of a decennial
census of the population of every state.
   This bill would request the Governor to appoint a task force to
make recommendations on how to maximize the number of Californians
counted in the 2000 census and to implement a census outreach
program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of the Education Code, as added by
Assembly Bill 1113 of the 1999-2000 Regular Session, is amended to
read:

      Article 3.6.  Carl Washington School Safety and Violence
Prevention Act

  SEC. 2.  Section 32228.1 of the Education Code, as added by
Assembly Bill 1113 of the 1999-2000 Regular Session, is amended to
read:
   32228.1.  (a) The Carl Washington School Safety and Violence
Prevention Act is hereby established.  This statewide program shall
be administered by the Superintendent of Public Instruction, who
shall provide funds to school districts serving pupils in any of
grades 8 to 12, inclusive, for the purpose of promoting school safety
and reducing schoolsite violence.  As a condition of receiving funds
pursuant to this article, an eligible school district shall certify,
on forms and in a manner required by the Superintendent of Public
Instruction, that the funds will be used as described in this
section.
   (b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
enrollment of pupils in grades 8 to 12, inclusive, for any one or
more of the following purposes:
   (1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution.  Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
   (2) Providing effective and accessible on campus communication
devices and other school safety infrastructure needs.
   (3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
   (4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.

   (5) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
  SEC. 3.  The heading of Article 3.8 (commencing with Section
32239.5) of Chapter 2 of Part 19 of the Education Code, as added by
Assembly Bill 1113 of 1999-2000 Regular Session, is amended to read:


      Article 3.8.  Machado School Violence Prevention and Response
Task Force

  SEC. 4.  Section 32239.5 of the Education Code, as added by
Assembly Bill 1113 of the 1999-2000 Regular Session, is amended to
read:
   32239.5.  (a) This article shall be known, and may be cited, as
the Machado School Violence Prevention and Response Act of 1999.
   (b) A School Violence Prevention and Response Task Force is hereby
established, which shall consist of the following members:
   (1) The Superintendent of Public Instruction, the Attorney
General, the Director of the Office of Criminal Justice Planning, and
the Secretary for Education shall be ex officio voting members of
the School Violence Prevention and Response Task Force, and shall
serve as cochairs of the task force.
   (2) Twelve members representing educators, health care
practitioners, and members of the law enforcement community, each
with expertise in school-based crisis prevention and response
appointed as follows:
   (A) The Director of the Office of Criminal Justice Planning and
the Attorney General shall each appoint three members to the task
force.  These appointments shall include representatives of the law
enforcement and victims' services community.  These appointments may
include persons with expertise in juvenile justice, gang violence
prevention, juvenile probation, victim assistance programs, crisis
management, or academic experts in criminology or juvenile
delinquency.
   (B) The Superintendent of Public Instruction and the Secretary for
Education shall each appoint three members to the task force.  These
appointments shall include representative of the education and
health care practitioner communities.  These appointments may include
classroom educators, school administrators, school counselors,
school psychologists, parents, pupils, mental health providers, or
academic experts in child development or violence prevention.
   (c) The members of the task force may not receive a salary for
their services but shall be reimbursed for their actual and necessary
travel and other expenses incurred in the performance of their
duties.
   (d) The task force shall do all of the following:
   (1) Analyze and evaluate current statutes and programs in the area
of school-based crisis prevention and response.
   (2) Make appropriate policy recommendations on how to enhance
state and local programs and training to adequately prepare school
districts and county offices of education to meet the challenges
stemming from disruptive and violent acts, or both, on or near school
campuses.  These recommendations shall include a discussion
regarding the manner in which the recommendations may be implemented
within existing resources.
   (3) Suggest methods for training school personnel on how to
recognize risk indicators for pupils that could eventually lead to
violence.  These suggested methods shall include how to refer pupils
to trained personnel, such as school psychologists, counselors,
mental health providers, or other designated appropriate staff.
   (4) Hold at least two public meetings.
   (5) Report its findings and policy recommendations to the
Legislature and the Governor on or before April 10, 2000.
   (e) Each of the cochairs shall have the authority to convene
subcommittee meetings.  However, any findings or recommendations made
by a subcommittee, or by any of the other members of the task force,
shall be approved by at least three of the four voting members of
the task force in order to be incorporated in the report described in
paragraph (5) of subdivision (c).
   (f) The Office of Criminal Justice Planning shall make staff
resources available to the task force.
  SEC. 5.  Section 8 of Assembly Bill 1660 of the 1999-2000 Regular
Session shall not become operative and is repealed.
  SEC. 6.  Section 9 of Assembly Bill 1660 of the 1999-2000 Regular
Session shall not become operative is repealed.
  SEC. 7.  Section 7 of Assembly Bill 1661 of the 1999-2000 Regular
Session is amended to read:
  Sec. 7.  For purposes of allocating one-half of the moneys
appropriated by Item 9210-118-0001 of the Budget Act of 1999, all of
the following apply:
   (a) A county is prohibited from receiving any portion of the
moneys unless the county complies with all of the following:
   (1) No later than October 1, 1999, the county auditor reports to
the Controller and the Director of Finance the total amount of ad
valorem property tax revenue allocated from the county's Educational
Revenue Augmentation Fund to school districts, community college
districts, and county superintendents of schools for the 1998-99
fiscal year.
   (2) The county board of supervisors adopts an ordinance or
resolution that specifies each amount of ad valorem property tax
revenue shifted from a local agency within the county to the county's
Educational Revenue Augmentation Fund for the 1998-99 fiscal year,
and the chairperson of the county board of supervisors reports those
revenue shift amounts to the Controller and the Director of Finance
in a manner that identifies the revenue shift amount for each local
agency in the county.
   (3) The county board of supervisors adopts an ordinance or
resolution pursuant to which the county agrees to both of the
following:
   (A) The county will allocate its share of the appropriated moneys
subject to this section in accordance with subdivision (c).
   (B) The county will not, in connection with either paragraphs (1)
or (2) of this subdivision or subdivision (c), make any claim for
reimbursement of state-mandated local costs.
   No later than December 1, 1999, the county board of supervisors
shall transmit the ordinance or resolution adopted pursuant to this
paragraph to the Director of Finance.  The Controller shall
promulgate guidelines for the making of reports as required by this
subdivision.
   (b) For each county that complies with all of the conditions set
forth in subdivision (a), the Controller shall do both of the
following:
   (1) Perform the following calculations:
   (A) Divide the amount reported by the county auditor in accordance
with paragraph (1) of subdivision (a) by the total of all of the
amounts reported by counties in accordance with paragraph (1) of
subdivision (a).
   (B) Divide the amount appropriated by Item 9210-118-0001 of the
Budget Act of 1999 by two.
   (C) Multiply the amount determined in accordance with subparagraph
(A) by the amount determined in accordance with subparagraph (B).
   For purposes of performing these calculations, the Controller
shall review the information submitted by the county.  If, consistent
with information available from any other reliable source, the
Controller determines that the information may be inaccurate, the
Controller may request the Director of Finance to review the amount
reported by the county in accordance with paragraph (1) of
subdivision (a).  The Director of Finance may direct the Controller
to adjust the amount reported to the Controller by the county in
accordance with paragraph (1) of subdivision (a).  The Controller
shall inform the county of any adjustment that is so made.
   (2) No later than February 1, 2000, the Controller shall, from the
appropriated revenues subject to this section, allocate to the
county the amount determined for that county pursuant to paragraph
(1).
   (c) In each county that receives revenue in accordance with
subdivision (b), the county auditor shall allocate that revenue to
those local agencies among the county, and cities and special
districts in the county, that contributed a positive amount to the
county's Educational Revenue Augmentation Fund for the 1998-99 fiscal
year.  The allocation share for each recipient local agency shall be
determined pursuant to the following calculations:
   (1) Divide the amount of revenue shifted for the 1998-99 fiscal
year from the local agency to the county's Educational Revenue
Augmentation Fund by the total amount of revenue shifted for the
1998-99 fiscal year to the county's Educational Revenue Augmentation
Fund by all local agencies in the county contributing a positive
amount to that fund.
   (2) Multiply the ratio determined pursuant to paragraph (1) by the
amount of revenues allocated to the county pursuant to paragraph (2)
of subdivision (b).
  SEC. 8.  The Governor is hereby requested to appoint a task force
to make recommendations on how to maximize the number of California's
counted in the 2000 census and to implement a census outreach
program.
